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A defendant was convicted on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and has had his incarceration period raised to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will declare that in this country, human rights are also women’s rights – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was originally sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unaware woman. At what point did I give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The community is perhaps in the process of that, maybe motivated by the societal understanding spurred by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant societal structure that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated extramarital activities outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that once a year he engaged in commercial sex on his birthday. His lawyers informed the court he had arthritis triggered by the pressure of the original case.